Woo vs. Harmon - Witness Clyde Mark

Office of The United States Trustee vs. Harmon

(Formerly Woo vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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HEARING ON MOTION FOR JUDGMENT

DATE: July 24, 2006, 09:45 AM

JUDGE: Hon. David Ezra

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DEFENDANT’S WITNESS

CLYDE MARK

Former President of P&C Insurance Company, Inc.

c/o Matt Tsukazaki, Esq.
Torkildson Katz Fonseca Jaffe Moore & Hetherington
700 Bishop Street, 15th Floor
Honolulu, HI 96813

E-mail: mat@torkildson.com

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NEW UPDATE (09-07-08):

EARL I. ANZAI
Attorney General of Hawaii

DOROTHY D. SELLERS
HUGH R. JONES
Deputy Attorneys General
425 Queen Street
Honolulu, Hawaii 96813

Attorneys for the Beneficiaries

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAII

In the Matter of the Estate

BERNICE P. BISHOP,

Deceased.

EQUITY NO. 2048 KSCC

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REPORT OF ATTORNEY GENERAL CONCERNING MAY 7, 1999 ORDER

The May 7, 1999 order regarding orders to show cause requires the former trustees immediately to resign offices and directorships in the trust’s subsidiary and affiliated organizations... P&C Insurance Company, Inc., is a captive insurance company, the sole stock holder which is Pauahi Holdings Inc.

The Attorney General respectfully invites the court’s attention to the annual report publicly filed on March 28, 2000 by P&C (Ex. 1). The annual report lists Henry H. Peters as a director. The Attorney General is unable to determine whether the listing is incorrect; or whether Peters remains a director in violation of court order. The Attorney General’s several inquiries of the trust concerning this matter remain unanswered despite the passage of three months (Ex. 2).

DATED: Honolulu, Hawaii, May 5, 2000

Respectfully submitted,

<s> DOROTHY SELLERS
Deputy Attorney General

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DECLARATION OF DOROTHY SELLERS

DOROTHY SELLERS hereby states:

1. I am a deputy attorney general, and I am familiar with the case records and files in Hawaii First Circuit Court Equity No. 2048 going back to approximately August 1997.

2. I have personal knowledge of the facts contained in this declaration and am competent to testify to them.

3. Exhibit 1 is a true and correct copy of the annual report of P&C Insurance Company for the year ending Dec. 31, 1999, filed in late March 2000.

4, Exhibit 2 is a true and correct letter of my February 15, 2000 letter to counsel for the trust asking for verification that Henry Peters had resigned from P&C and the effective date of the resignation. I have never received a response to that letter.

5. On March 13, 2000, deputy attorney general Hugh Jones wrote trustee Libkuman (with a copy to general counsel Colleen Wong) about a number of matters. The final two paragraphs of that letter are:

Finally, we also requested some time ago copies of Henry Peters’ letters of resignation from directorships and ex officio positions, and specifically from P&C Insurance Company. Although the resignation letters of the other trustees were filed with the Court, Peters’ were not.

Please respond to these requests before March 31, 2000. Thank you.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

DATED: Honolulu, Hawaii, May 5, 2000

www.kycbs.net/Doc-EQ2048-PC-Peters-5-5-0.pdf

www.kycbs.net/PC-Arms-Length-Guide-10-1-94.pdf

www.kycbs.net/Doc-EQ2048-Mediation-Order-3-9-0.pdf

www.kycbs.net/KSBE-INTERROGATORIES.htm

www.kycbs.net/RICO-In-Paradise.htm

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Clyde Mark is expected to testify as to the fact of whether or not he is a licensed Claims Adjuster for P&C Insurance Co., Inc.; provide a signed copy of P&C’s Indemnity Agreement that Defendant signed when named as P&C’s president.

Clyde Mark is also expected to testify regarding “arms-length” issues between Kamehameha Schools and P&C Insurance, including whether or not he was a paid officer of P&C, as well as a paid employee of Kamehameha Schools.

Clyde Mark is expected to testify regarding kick-backs, bid-rigging, unfair claims practices and other unlawful acts on the part of Marsh & McLennan, Chubb Group, Aon, and other insurance agents and carriers. He is also expected to testify whether he submitted Harmon’s tender of defense in the instant case to P&C’s Professional Liability Carrier and, if not, why not. Mr. Mark will be asked to provide the name, policy number, policy period, date claim made, claim number and name of the Claims Adjuster for P&C’s Professional Liability Carrier in the RICO lawsuit, and why P&C did not respond to Harmon’s various Notice of Claim letters. Clyde Mark is also expected to testify regarding his relationships with Hamilton McCubbin, Nathan Aipa, Louanne Kam, Colleen Wong, Rodney Park, Edwina Clarke, Susan Tius, Rocco Sansone, Christine Lee, Ron Poepoe, Marsh & McLennan, Aon Insurance Managers, Judge Kevin Chang, Judge Eden Elizabeth Hifo (fka Bambi Weil), Judge David Ezra, Judge Barry Kurren, Bishop Museum, Mark Polivka, Jean Rolles, David Carey, Outrigger Hotels, and other entities yet to be named.